Senior Citizens, Abang Lingkod party-list groups get SC relief

MANILA, Philippines - The Supreme Court (SC) yesterday ordered the Commission on Elections (Comelec) to lift the disqualification of two party-list groups that garnered enough votes in the May 13 elections to win seats in the House of Representatives.

SC spokesman Theodore Te said the justices decided in special session to allow the petition sought by Senior Citizens and Abang Lingkod party-list groups.

“The Comelec and its agents acting in its place or stead are directed to refrain from implementing its resolutions (that) disqualified Senior Citizens and Abang Lingkod, both of which were promulgated last May 10,” Te announced.

Te said Comelec is directed to observe the status quo prior to the implementation of the disqualification orders, which means the two party-list groups would remain qualified in the party-list elections.

The SC, however, prevented the Comelec from proclaiming both groups as winners in the party-list polls pending resolution of their petitions.

“Comelec is directed to hold in abeyance the proclamation of Senior Citizens and Abang Lingkod – assuming that they are entitled to seats – until the court resolves their qualifications as party-list groups,” Te explained.

Apart from the two groups, the SC also ordered the Comelec to answer petitions filed by two other disqualified party-list groups – Binhi Partido ng mga Magsasaka Para sa mga Magsasaka (Binhi) and Alliance for Nationalism and Democracy (ANAD), but both were not able to garner enough votes to win seats in the House.

Te said yesterday’s SC order “superseded” the temporary restraining order (TRO) issued by Chief Justice Ma. Lourdes Sereno last week on the case of Senior Citizens, which stopped the Comelec from proceeding with the proclamation of winners for five remaining seats in the party-list polls.

Election lawyer Romulo Macalintal explained the new order – unlike the earlier TRO – would allow Comelec to proceed with the proclamation of other winners for the five remaining seats, providing slots that would be left for Senior Citizens and Abang Lingkod.

Senior Citizens reportedly garnered the 10th highest number of votes in the May 13 elections with over 600,000. Should the group win its case in the SC, it could be given two seats.

Abang Lingkod, on the other hand, garnered over 200,000 votes, good enough to secure a seat in the House.

It was the first time the full court did not confirm a TRO issued by Chief Justice Sereno while they were in recess.

Under the rules, the chief justice may issue TRO on urgent cases while the high court is in recess. However, it requires the confirmation of the halt order by justices in resumption of their full-court session and such affirmation is usually procedural with no objections from justices raised.

The TRO, which was issued by Sereno last May 29 upon recommendation of the justice-in-charge of the case, specifically directed the Comelec “to cease and desist from further proclaiming winners from among the party-list candidates” as the high court took note of earlier proclamations made by the poll body.

But the handling justice, Associate Justice Teresita Leonardo-De Castro, clarified in her letter obtained by reporters that she only recommended issuance of TRO in favor of petitioner Senior